Dept 29 - Legislation and Legal Services Department

The department covers the generation and appraisal of draft new legal systems and statutes that are prepared under the administration of the Ministry's other competent organisational units...

ilustrace

The department ensures the creation and assessment of proposals for new systems of legal and statutory amendments, the preparation of which is coordinated by other competent sections of the Ministry. It comprehensively assesses and processes positions on draft legal regulations submitted by other Government agencies during the comment procedure, unless these are under the direct jurisdiction of other departments, including evaluating their compatibility with the national legislation and commenting on their budgetary impact. It drafts statements for other ministerial departments in cases relating to the application of legal regulations which do not fall under the remit of the Ministry, in particular basic legal codes and financial legislation, as well as statements on solutions to serious legal problems that have occurred during the application of laws under the competence of the Ministry.  It assesses the legal compliance of materials produced by the Ministry intended for discussion by the Government, the Government Legislative Council and other advisory bodies, or in Parliament. It prepares the Ministry Legislative Work Plan as part of the summary legislative work plan of the Czech Government. It acts as a party in administrative proceedings relating to claims arising from the Beneš decrees. It provides the methodology for the activities of appeal committees as advisory bodies to the Ministry, established in accordance with Act No 500/2004 Coll. and Act No 280/2009 Coll. It edits, corrects and distributes the Financial Bulletin. It advises on the possibility of using external legal services under the relevant Ministry of Finance directive. It coordinates relations between the Ministry and law firms representing the Ministry in the courts, in accordance with their contract to provide legal assistance, under which it collects, evaluates and delivers documents for proceedings before the courts and maintains a database of these court cases, as well as drafting analyses of the legal and factual situation. It provides legal advisory services, including the assessment of commercial contracts, and participates, as and when required by other ministerial departments, in negotiations with other contracting parties. It represents the Ministry in judicial and other proceedings, and submits any proposals needed for further action or to terminate such proceedings. It draws up, files and records criminal complaints made at the ministerial level (with the exception of criminal complaints relating to the competence of the Financial Analysis Department under Act No 253/2008 Coll., and the preparation and filing of criminal complaints relating to the unauthorised operation of a lottery or other similar form of gambling pursuant to Section 252 of Act No 40/2009 Coll.) and enforces the rights of injured parties in criminal proceedings. It deals with claims for compensation where damage has been caused by the exercise of public authority. In relation to the OGRPA (Office for Government Representation in Property Affairs), it performs the tasks of its national office and acts as an information centre for the Ministry, and also provides methodological guidance and expert supervision in accordance with the provisions of Section 15 of Act No 201/2002 Coll., particularly with regard to proceedings before the national courts, domestic arbitration bodies, Government agencies and other national authorities (Section 3, 4, 6, 7, 9, 11, 13a, 13b a 13d of Act No 201/2002 Coll.) and legal opinions relating to legal disputes (Section 13 of Act No 201/2002 Coll.).

Units

  • 2901 - Legislation and Appeal Commissions Methodology Unit 
  • 2902 - Legal Representation and Advisory Unit 
  • 2903 - Compensation for Exercise of Public Authority Unit